12-83 ORDINANCE NO. 12-83
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 3, "ALCOHOLIC BEVER-
AGES~, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY ADDING A NEW SECTION 3-7, DEFINING
BOTTLE CLUBS, DECLARING SAME TO BE A PUBLIC NUISANCE,
AND PROHIBITING SAME; PROVIDING CLARIFICATIONS OF SUCH
PROHIBITION; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, there is an increasing number of bottle clubs operating in the
South Palm Beach County area; and,
WHEREAS, bottle clubs are not subject to control under Florida Statutes;
and,
WHEREAS, bottle clubs are difficult to control and regulate by the City of
Delray Beach, both as to the number of such and the conduct of such; and
WHEREAS, bottle clubs circumvent effective regulation by State and/or City
authorities; and
WHEREAS, effective regulation of the consumption of alcohol is necessary for
the health, safety, and general welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 3, "Alcoholic Beverages" of the Code of Ordinances
of the City of Delray Beach, Florida, is hereby amended by adding a new Section 3-7,
"Bottle Clubs", to read as follows:
Sec. 3-7. Bottle Clubs.
(a) Definition of Bottle Club. For purposes of this chapter, bottle
club shall mean any establishment, club, organization, asso-
ciation, corporation, or proprietorship not licensed or regu-
lated under Title XXXIV, "Alcoholic Beverages", Florida
Statutes (1981), and which permits the on-premises consump-
tion of alcoholic beverages or permits the mixing of alcoholic
beverages for the on-premises consumption of such, and which
conducts said activity in connection with the exchange of
consideration, regardless of what consideration is exchanged.
(b) Bottle Clubs a Public Nuisance; Prohibited. It is hereby
declared that the establishment or operation of a bottle club is
a public nuisance, and the same are hereby prohibited.
Provided that nothing herein shall prohibit bona fide
non-profit organizations, including, but not exclusive to,
social clubs, fraternal organizations, business leagues, athletic
associations, employee benefit · associations, and homeowners'
associations from conducting or sponsoring events at which the
consumption of alcohol is merely incidental to a bona fide
organizational purpose, whether or not consideration is
exchanged at such event. Provided further that nothing
herein shall prohibit the renting of facilities for the purpose of
holding special social events or fund-raising events at which
the consumption of alcohol is merely incidental to the special
social event or fund-raising event, whether or not con-
sideration is paid at such an event for mixers, setups and the
like.
Section 2. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence, or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder
hereof as a whole or part thereof other than the part declared to be invalid.
Section 3. That this ordinance shall become effective ten (10) days after its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the 8~:h day of Feb~:ua~:y , 1983.
ATTEST:
City Cl~k
First Reading Janua2:g 25,,~ 1982
Second Reading Feb~:ua~:y 8 ~ 1982
2 ORD NO. 12-83